Title 10, Property Rights and Transactions

If the State Treasurer determines after investigation that any property delivered under ORS 98.352 or personal property delivered by escheat has insubstantial commercial value, the State Treasurer may destroy or otherwise dispose of the property at any time. No action or proceedi…

(1) Except as provided in subsection (2) of this section, all funds received under ORS 98.302 to 98.436 and 98.992, including the proceeds from the sale of unclaimed property under ORS 98.382, shall be deposited by the State Treasurer in the Unclaimed Property and Estates Fund. B…

(1) There is established the Unclaimed Property and Estates Fund, separate and distinct from the General Fund. (2) The Unclaimed Property and Estates Fund consists of: (a) Unclaimed property, including the proceeds of unclaimed property, under ORS 98.302 to 98.436; (b) Penalties …

(1) A person claiming an interest in unclaimed property reported under ORS 98.352 may file a claim to the property or to the proceeds from the sale of the property at any time after the property has been reported. Claims shall be filed on the form prescribed by the State Treasure…

(1) The State Treasurer shall consider any claim filed under ORS 98.392 and may hold a hearing and receive evidence concerning the claim. If a hearing is held, the State Treasurer shall prepare findings and a decision in writing on each claim filed, stating the substance of any e…

(1) A person aggrieved by a decision of the State Treasurer under ORS 98.302 to 98.436 may request a contested case hearing in accordance with ORS 183.413 to 183.470. (2) If the State Treasurer fails to act on a claim within 120 days after a person files the claim under ORS 98.39…

(1) The State Treasurer may require a person who has not filed a report under ORS 98.352 to file a verified report stating whether the person holds any unclaimed property reportable or deliverable. (2) The State Treasurer may at reasonable times and upon reasonable notice examine…

(1) The State Treasurer may bring a suit or action in a court of appropriate jurisdiction to enforce delivery of property not delivered by a holder as required under ORS 98.352. (2) The State Treasurer may require a holder who fails to pay or deliver property within the time pres…

The State Treasurer is authorized to adopt necessary rules to carry out the provisions of ORS 98.302 to 98.436 and 98.992. [1957 c.670 §27; 1983 c.716 §25; 2019 c.678 §27]

(1) The State Treasurer may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that this state or another state may be entitled to subject to a claim of custody under ORS 98.348…

This Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact the Uniform Disposition of Unclaimed Property Act. [1957 c.670 §2] Note: Pursuant to 173.160, Legislative Counsel has not substituted specific ORS references fo…

This Act may be cited as the Uniform Disposition of Unclaimed Property Act. [1957 c.670 §1] Note: See note under 98.432.

(1) If a person mails or sends goods, newspapers or periodicals of a value of less than $20 to a person in this state without first receiving an order for such items, the items are conclusively presumed to be a gift and no obligation shall accrue against the recipient. (2) If a p…

As used in ORS 98.470 to 98.490, unless the context requires otherwise: (1) “Customer” means any person who causes a molder to: (a) Fabricate, cast or otherwise make a mold; or (b) Use a mold to manufacture, assemble or otherwise make any product. (2) “Mold” includes any die, mol…

If a customer fails to take possession of any mold within three years after the date on which the customer last caused the molder to use the mold, the molder may take all rights, title and interest in the mold pursuant to ORS 98.480. [1981 c.333 §2]

(1) If a molder chooses to take all rights, title and interest in any mold, the molder shall mail to the customer, at the customer’s last-known address, a notice. The molder shall send the notice by registered or certified mail, return receipt requested. (2) The notice required b…

If a molder does not choose to exercise the rights provided under ORS 87.870 to 87.876 or 98.475, the molder shall render the mold unusable as a mold and destroy or otherwise dispose of the mold. [1981 c.333 §4; 2001 c.863 §5]

ORS 98.470 to 98.490 apply except as otherwise provided by written agreement between any molder and the molder’s customer. [1981 c.333 §5]

(1) A local government may enact or adopt an ordinance, charter provision, resolution or other regulation to prohibit the unauthorized appropriation of a shopping cart from the business premises of the person that owns the shopping cart and to provide for the salvage or reclamati…

(1) A local government in an ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 shall provide that a person that supplies shopping carts for public use at the person’s business shall: (a) Post signs in sufficient number t…

(1) No person shall place or deposit any trees, timber, logs, poles or piling upon the right of way of any state highway or upon any real property adjacent thereto which is owned by the state, by and through its Department of Transportation, except with permission of any duly aut…

Any trees, timber, logs, poles or piling which remain for a period of more than 30 days upon the right of way of any state highway or upon real property adjacent thereto which is owned by the state, by and through its Department of Transportation, shall be conclusively presumed a…

The provisions of ORS 98.640 and 98.642 shall not apply to trees, timber, logs, poles or piling which have been placed or deposited or allowed to remain upon the right of way of a state highway or real property adjacent thereto under the provisions of a permit granted by the Depa…

(1) No person shall place or deposit any trees, timber, logs, poles or piling upon the right of way of any county road, except with permission of any duly authorized weighmaster or peace officer given in connection with the removal of portions of loads, which removal is pursuant …

Any trees, timber, logs, poles or piling which remain for a period of more than 30 days upon the right of way of any county road shall be conclusively presumed abandoned, and title thereto shall vest in the county having jurisdiction over such county road, and the county court or…

The provisions of ORS 98.650 and 98.652 shall not apply to trees, timber, logs, poles or piling which have been placed or deposited or allowed to remain upon the right of way of a county road under the provisions of a permit granted by the county court or board of county commissi…

As used in this section and ORS 98.810 to 98.818, 98.830 and 98.840: (1) “Owner of a parking facility” means: (a) The owner, lessee or person in lawful possession of a private parking facility; or (b) Any officer or agency of this state with authority to control or operate a park…

A person may not, without the permission of: (1) The owner of a parking facility, leave or park any vehicle on the parking facility if there is a sign displayed in plain view at the parking facility prohibiting or restricting public parking on the parking facility. (2) The owner …

(1) If the owner of a parking facility or the owner of proscribed property has issued a citation or other notice of a parking violation alleging that a vehicle owned by a person engaged in the business of selling, renting, leasing or repairing motor vehicles has been left or park…

(1) If a vehicle has been left or parked in violation of ORS 98.810, the owner of the parking facility or the owner of the proscribed property may have a tower tow the vehicle from the parking facility or the proscribed property and place the vehicle in storage at a secure locati…

The lien created by ORS 98.812 shall have preference over any and all other liens or encumbrances upon the vehicle. [1953 c.575 §3; 2007 c.538 §11a]

(1) As used in this section: (a) “Class 1 flammable liquids” has the meaning given that term in ORS 480.310. (b) “Fuel dispensary” means a filling station, service station, garage or other dispensary where Class 1 flammable liquids or diesel fuel is dispensed at retail for use in…

(1) A person who is the owner, or is in lawful possession, of private property on which a vehicle has been abandoned may have a tower tow the vehicle from the property if: (a) The person affixes a notice to the vehicle stating that the vehicle will be towed if it is not removed; …

The procedure authorized by ORS 98.830 for removal of abandoned vehicles from private property may be used by an owner of a parking facility or an owner of proscribed property as an alternative to the procedures described in ORS 98.810 to 98.818. [1995 c.758 §4; 2007 c.538 §13a; …

(1) The Legislative Assembly finds that: (a) 49 U.S.C. 14501(c)(1) limits the authority of the state and political subdivisions of the state to enact or enforce laws or ordinances related to price, route or service of motor carriers with respect to the transportation of property.…

As used in ORS 98.853 to 98.862: (1) “Business day” means Mondays through Friday, excluding legal holidays. (2) “Consideration” has the meaning given that term in ORS 171.725. (3) “Law enforcement agency” has the meaning given that term in ORS 131.915. (4) “Motor vehicle” has the…

(1) Prior to towing a motor vehicle pursuant to ORS 98.812, a tower shall take at least one photograph of the motor vehicle and record the time and date of the photograph. The photograph must show the motor vehicle as it was left or parked at the time the tower arrived to conduct…

A tower may not: (1)(a) Tow a motor vehicle from a parking facility unless there is a sign displayed in plain view at the parking facility that, using clear and conspicuous language, prohibits or restricts public parking at the parking facility. (b) Notwithstanding paragraph (a) …

(1) A tower shall disclose to the owner or operator of a motor vehicle in a conspicuous written statement of at least 10-point boldfaced type: (a) The prices the tower charges for all the goods and services that the tower offers; (b) The location where the tower will: (A) Store t…

(1) After a motor vehicle reported as stolen is recovered by a law enforcement agency, the agency shall share the owner’s contact information, including home address and telephone number, from either the Law Enforcement Data System or the stolen vehicle police report, with any to…

(1) A tower in physical possession of a motor vehicle shall permit the owner or person in lawful possession of a motor vehicle the tower has towed to: (a) Redeem or inspect the motor vehicle: (A) Between 8 a.m. and 6 p.m. on business days; (B) At all other hours, within 60 minute…

(1) Each city or county may establish the maximum rates that a tower may charge for towing a motor vehicle, and for all related services for towing a motor vehicle, in response to a request for towing of a vehicle parked within the city or county that is made by a person other th…

(1) For purposes of this section, an insurance company undertaking to adjust a claim involving a towed motor vehicle is a person in lawful possession and entitled to release of the motor vehicle if: (a) The insurance company has obtained permission from the owner or another perso…

(1) Subject to subsection (5) of this section: (a) A tower may not tow vehicles parked within the boundaries of a city without a license issued by the city, if the city has established the maximum rates that a tower may charge under ORS 98.859. (b) A tower may not tow vehicles pa…

A tower need not provide the written information required under ORS 98.856 if: (1) The motor vehicle is towed from a parking facility where the tower has provided the information on signs that are clearly readable by an operator of a motor vehicle in each parking stall or at each…

(1) Any person who willfully fails to render any report or perform other duties required under this Act is guilty of a misdemeanor. (2) Any person who willfully refuses to pay or deliver unclaimed property to the State Treasurer as required under this Act is guilty of a misdemean…

A person who willfully fails to render any report, to pay or deliver property or to perform other duties required by ORS 98.302 to 98.436 and 98.992 may be required to forfeit and pay to the State Treasurer to be deposited in the Unclaimed Property and Estates Fund, an amount det…